Parental leave

Working parents who are employees are entitled to unpaid parental leave. The minimum statutory criteria are set out below. As always, these are minimum rights. This statutory framework applies if nothing else has been agreed, but it will be replaced by any better framework that has been put in place.

How much is the parental leave entitlement under the statutory scheme?

• for each child, up to four weeks per year, capped at 18 weeks, to be used within the first five years of the child’s life (up from 13 weeks from 8 March 2013);

• for adopted children up to four weeks per year, capped at 18 weeks, lasting up to their 18th birthday or fifth anniversary of adoption, whichever occurs first (up from 13 weeks from 8 March 2013);

• for each child who qualifies for disability living allowance, up to 18 weeks up to the child’s 18th birthday.

Leave must be taken in blocks of one week, unless the child is disabled or the employer agrees otherwise. A “week” is the individual’s normal working week. The leave is available to each parent and each child.

To qualify for unpaid statutory parental leave, the individual must be:

• an employee (not an agency worker or self-employed) with at least one year’s service;

• have (or expect to have) parental responsibility; and

• give at least 21 days’ notice.

Under the statutory scheme, the employer can make the employee postpone the leave for up to six months where taking it would cause undue disruption to the business, except where leave is requested immediately after the child’s birth, but the employer is not entitled to prevent the leave being taken at all.

Relevant law: Maternity and Parental Leave Regulations 1999; Parental Leave (EU Directive) Regulations 2013.